TITLE 13. PUBLIC SAFETY CHAPTER 10. DEPARTMENT OF

Arizona Administrative CodeTitle 13, Ch. 10Department of Public Safety - Alcohol TestingC.D.E.surements at 4 alcohol vapor concentrations that arebetween 0.020 and 0.350 grams per 210 liters of breath,to include at least one value 0.100 and one value 0.250.3. The device shall be capable of testing a breath samplethat results in alcohol concentrations of less than 0.01grams per 210 liters of breath when alcohol-free subjectsare tested.The Department, upon specific findings that a device, method,or breath test procedure is inaccurate, unreliable, or is an unacceptable test for determining alcohol concentration or that itsuse has been discontinued in the state, shall disapprove in writing further use of the device, method, or procedure.The methods approved by the Director for use by a device todetermine alcohol concentration are infrared spectrophotometry and specific fuel cell detection.The following devices are approved by the Director:Device/ModelManufacturerIntoxilyzer Model 5000CMI, Inc.with or without Vapor Recirculation and with or without KeyboardIntoxilyzer Model 5000ENCMI, Inc.Intoxilyzer Model 8000CMI, Inc.RBT AZ(Alco Sensor AZ/RBT AZ)Intoximeter, Inc.F.Products included on the National Highway Traffic SafetyAdministration’s Conforming Products List of EvidentialBreath Measurement Devices set forth in 69 FR 42237-42239(July 14, 2004) are approved by the Director as preliminarybreath testers to determine alcohol concentration. This document is incorporated by reference and does not include anylater amendments or editions. A copy of this document isavailable from the Department and may be obtained from theNational Highway Traffic Safety Administration’s web site(www.nhtsa.gov) or by contacting the U.S. Government Printing Office, 732 North Capitol Street NW, Washington, DC20401.G. Devices listed in subsection (E) may be used to administer preliminary breath tests.H. Except when a device is used as a PBT or for other non-evidential testing purposes, an Operator permit and StandardOperational Procedure are required for the operation ofdevices listed in subsection (E).I. In addition to the devices approved in subsection (E), theDirector may approve, in writing, a device and related Standard Operational and Quality Assurance Procedures after thedevice has been successfully tested for compliance with thestandards in subsection (B) for use prior to and pending thedevice being added to subsection (E). The approval shallexpire three years after its effective date unless subsection (E)is amended to include the approved device.J. In addition to devices approved as preliminary breath testers insubsection (F), the Director may approve in writing as a PBT anew device placed on subsequent National Highway TrafficSafety Administration’s Conforming Products Lists of Eviden-June 30, 2006tial Breath Measurement Devices for use pending the newConforming Products List being added to subsection (F).Historical NoteNew Section made by final rulemaking at 12 A.A.R.1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2).R13-10-104. Testing ProceduresA. Law enforcement agencies or individuals acting independentlyof law enforcement agencies who conduct alcohol concentration determinations by means of devices shall utilize a qualityassurance program that is conducted by Quality AssuranceSpecialists or Operators and generate records of periodicmaintenance. This quality assurance program shall include:1. Criteria for ensuring the accurate and proper operation ofdevices by the regular performance of Calibration Checksand Quality Assurance Procedures as referenced in subsections (A)(2) and (A)(3);2. Calibration Checks of devices that are performed within31 days of each other as Standard Calibration Check Procedures or during a test sequence bracketing a duplicatebreath test as Concurrent Calibration Check Proceduresand recorded according to the requirements of the appropriate Quality Assurance Procedures set forth in ExhibitsE-2, E-3, F-2, F-3, G-2, G-3, G-6 and H-2 or as approvedby the Director according to R13-10-103(I). Thesechecks shall indicate that the device is capable of determining the value of a standard alcohol concentrationsolution with an accuracy limit of 0.01 grams per 210liters of breath or 10 percent, whichever is greater;3. Quality Assurance Procedure checks of devices that areperformed within 90 days of each other as Standard Quality Assurance Procedures or during a test sequence bracketing a duplicate breath test as Concurrent QualityAssurance Procedures, and recorded according to therequirements of the appropriate Quality Assurance Procedures set forth in Exhibits E-4, E-5, F-4, F-5, G-4, G-5,G-6, H-3 and H-4 or as approved by the Director according to R13-10-103(I). These checks shall indicate that thedevice is capable of proper operation and is functioningas required by the Quality Assurance Procedures for thedevice;4. Standard alcohol concentration solutions, either liquid orgas, that are National Institute of Standards and Technology (NIST) traceable; and5. Records of Calibration Checks, Quality Assurance Procedures and maintenance or repairs for each device in use.B. An Operator shall utilize the Standard Operational Procedureapproved by the Department for the device being operated inperforming tests for the determination of alcohol concentration, as contained in Exhibits E-1, E-6, F-1, G-1, G-6 and H-1or as approved by the Director according to R13-10-103(I).C. Duplicate breath tests shall be administered at intervals of notless than five minutes nor more than 10 minutes. The results ofboth tests shall be within 0.020 alcohol concentration of eachother. If the second test is not within 0.020 alcohol concentration of the first test, additional tests shall be administered untilthe results of two consecutive tests are within 0.020 alcoholconcentration.Historical NoteNew Section made by final rulemaking at 12 A.A.R.1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2).R13-10-105. Permits and CertificatesA. The Department shall issue Analyst permits to qualified applicants, in accordance with R13-10-106(A), who have satisfac-Page 3Supp. 06-2

Title 13, Ch. 10Arizona Administrative CodeDepartment of Public Safety - Alcohol TestingB.C.D.E.torily demonstrated through proficiency testing as specified inR13-10-108(A) their proficiency in conducting an alcoholconcentration determination by one or more of the methodslisted in R13-10-102. The Analyst permit shall:1. State the method of alcohol concentration determinationthe permit holder is approved to utilize and the type ofspecimen the permit holder is approved to analyze (bloodor other bodily substances); and2. Be valid for one year.An Analyst shall employ, in testing for alcohol concentrationin matters arising under A.R.S. Title 28, Chapter 4, Article 3,the same analytical procedures as those employed by the analyst for proficiency testing.The Department shall issue two categories of device permits.1. Operator permits shall be issued to applicants who qualify under R13-10-106(B) or (E). This permit authorizesoperation and performance of associated Quality Assurance Procedures, including Concurrent Calibration CheckProcedures and Concurrent Quality Assurance Procedures, performed within a successfully completed testsequence bracketing a duplicate breath test on the devicespecified on the permit. Operator permits issued after theinitial effective date of this Section shall be valid for fiveyears from the date of issue. Permits issued to Operatorsbefore the initial effective date of this Section shallremain in effect and be valid for five years after the initialeffective date of this Section.2. Quality Assurance Specialist permits shall be issued toapplicants who hold a valid Operator permit and whoqualify as a Quality Assurance Specialist under R13-10106(C) or (E). This Quality Assurance Specialist permitauthorizes the holder to perform Quality Assurance Procedures, including Standard Calibration Check Procedures and Standard Quality Assurance Procedures, on thedevice specified on the permit. Quality Assurance Specialist permits issued after the initial effective date of thisSection shall be valid for five years from the date ofissue. Permits issued to Quality Assurance Specialistsbefore the initial effective date of this Section shallremain in effect and be valid for five years after the initialeffective date of this Section.3. Operator and Quality Assurance Specialist permits maybe renewed by application as required by R13-10-107 andsuccessful completion of a recertification courseapproved by the Department.4. The Department shall issue duplicate (replacement) permits upon request and upon verification of the qualifications set forth in R13-10-106.Law enforcement agencies shall supply the Department, uponrequest, with a list of current Operator and Quality AssuranceSpecialist permit holders and shall update the list as requiredby the Department, but no more frequently than annually.The Department shall issue Instructor certificates to qualifiedapplicants who hold valid Operator and Quality AssuranceSpecialist permits and who qualify as an Instructor under R1310-106(D) or (E). The Instructor certificate authorizes theholder to provide breath test training to prospective Operatorsand Quality Assurance Specialists on a specific approveddevice. Instructor certificates issued after the initial effectivedate of this Section shall be valid for five years from the dateof issue. Instructor certificates issued before the initial effective date of this Section shall remain in effect and be valid forfive years from the initial effective date of this Section.Instructor certificates may be renewed by application asrequired by R13-10-107 and successful completion of a recertification examination approved by the Department.Supp. 06-2Historical NoteNew Section made by final rulemaking at 12 A.A.R.1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2).R13-10-106. QualificationsA. To qualify for an Analyst permit, a person shall hold a degreefrom a college or university accredited by a regional accrediting body recognized by the United States Department of Education and have earned 15 or more semester credits, or theequivalent, of chemistry, including three or more credits oforganic chemistry.B. To qualify for an Operator permit, a person shall:1. Be employed by a law enforcement agency or laboratorythat has access to a device for the person’s use as set forthin R13-10-103; and2. Complete a course in the determination of alcohol concentration approved by the Department with a score of 80percent or better. The Department shall approve coursestaught by an Instructor if they contain the following:a. Instruction on the effects of alcohol on the humanbody;b. Instruction on and demonstration of the operationalprinciples of the selected device, which shall includea functional description and detailed operationaldescription of the method;c. Instruction on the legal aspects of breath tests ingeneral and on the particular method to beemployed;d. Concurrent Calibration Check Procedures (whenapplicable to the device) approved by the Department;e. Concurrent Quality Assurance Procedures (whenapplicable to the device) approved by the Department;f. Applicant participation with the appropriate deviceutilizing reference standards, testing of subjects, orother methods that will indicate the actual responseof the device; andg. Written and practical examination of the applicantfor the purpose of determining the person’s understanding of the course material and proficiency inoperating the device.C. To qualify for a Quality Assurance Specialist permit, a personshall possess a valid Operator permit to operate the approveddevice and complete a course of training approved by theDepartment with a score of 80 percent or better. The Department shall approve courses taught by an Instructor if they contain the following:1. Review of the theory of breath testing and the operationof the particular testing device;2. Standard Calibration Check Procedures approved by theDepartment;3. Standard Quality Assurance Procedures approved by theDepartment;4. Applicant participation with the appropriate device utilizing reference standards, testing of subjects, or other methods that will indicate the actual response of the device;and5. Written and practical examination of the applicant for thepurpose of determining the person’s understanding of thecourse material and proficiency in operating the device.D. To qualify as an Instructor, a person shall hold valid Operatorand Quality Assurance Specialist permits on the device forwhich instruction is given. In addition, except as provided insubsection (E), all applicants shall complete a comprehensiveinstructor examination approved and administered by theDepartment with a score of 90 percent or better. The Depart-Page 4June 30, 2006

Arizona Administrative CodeTitle 13, Ch. 10Department of Public Safety - Alcohol TestingE.ment shall approve instructor examinations that include thefollowing:1. The theory of breath testing and the operation of the specific device, and2. Procedures for testing instrument accuracy and properoperation in accordance with Calibration Checks andQuality Assurance Procedures approved by the Department.If a device is newly approved and no Operator and QualityAssurance Specialist permits have been issued for the device,a person may qualify to be an Operator, Quality AssuranceSpecialist, and Instructor for the specific device by completinga Department-administered, manufacturer-endorsed, instructortraining course and a comprehensive examination with a scoreof 90 percent or better. The Instructor training course shallinclude the following:1. Review of the theory of breath testing,2. Instruction on the operation of the device, and3. Procedures for testing instrument accuracy and properoperation in accordance with Calibration Checks andQuality Assurance Procedures approved by the Department.B.Historical NoteNew Section made by final rulemaking at 12 A.A.R.1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2).R13-10-107. Application ProcessesA. An applicant for an initial Analyst permit or the renewal of anexisting Analyst permit shall complete the form shown asExhibit A and submit it to the Department. An application forrenewal of an Analyst permit shall be submitted no later than30 days prior to the date the current permit expires. If theapplicant makes a written or verbal request and shows goodcause, the Department shall extend this deadline.B. An applicant for an initial Operator permit or the renewal of anexisting Operator permit shall complete the form shown asExhibit B and submitted to the Department. An application forrenewal of an Operator permit shall be submitted no later than30 days prior to the date the current permit expires. If theapplicant makes a written or verbal request and shows goodcause, the Department shall extend this deadline.C. An applicant for an initial Quality Assurance Specialist permitor the renewal of an existing Quality Assurance Specialist permit shall complete the form shown as Exhibit C and submittedto the Department. An application for renewal of a QualityAssurance Specialist permit shall be submitted no later than 30days prior to the date the current permit expires. If the applicant makes a written or verbal request and shows good cause,the Department shall extend this deadline.D. An applicant for an initial Instructor approval or the renewal ofan existing Instructor approval shall complete the form shownas Exhibit D and submitted to the Department. An applicationfor renewal of an Instructor shall be submitted no later than 30days prior to the date the current certificate expires. If theapplicant makes a written or verbal request and shows goodcause, the Department shall extend this deadline.Historical NoteNew Section made by final rulemaking at 12 A.A.R.1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2).R13-10-108. Examination and Quality Assurance Requirements for AnalystsA. The Department shall require an Analyst permit applicant tosuccessfully demonstrate the applicant’s proficiency in makingalcohol concentration determinations from test specimens inJune 30, 2006C.accordance with subsection (B). The applicant shall be examined only on the methods that relate to the type of determination for which the applicant desires a permit.An applicant shall, before receiving an initial Analyst permitor renewal of an existing Analyst permit, participate in andsuccessfully complete proficiency testing administered by theDepartment. An applicant shall successfully analyze samplesby testing at least three suitable reference standards or controlsamples with a known alcohol concentration in the range of0.00 to 0.40 grams per 100 milliliters of blood and having theresults agree with the established value within the limits of 0.01 grams per 100 milliliters of blood or 10 percent, whichever is greater. Proficiency testing shall be administered by theDepartment as follows:1. An applicant shall correctly analyze all proficiency samples in the set provided by the Department.2. When returning the results of analyses to the Department,the applicant shall attach an affidavit attesting that theapplicant analyzed the proficiency samples without helpor input from any other person.3. An applicant failing to correctly analyze all proficiencysamples in the set will be provided an opportunity to successfully analyze a second set of samples.4. The Department shall deny the application of an applicantwho declines or fails to correctly analyze the second setof proficiency samples and shall not issue a permit.5. An applicant who fails to successfully analyze the secondset of proficiency samples and whose application isdenied may reapply for an analyst’s permit beginning 90days from the date of denial.An analyst who conducts alcohol concentration determinationsshall implement and maintain a quality assurance program.This program shall be designed to ensure the validity of testresults by providing for:1. Chain of custody,2. Quality control,3. Analytical procedures,4. Documentation of test results, and5. Participation in proficiency testing.Historical NoteNew Section made by final rulemaking at 12 A.A.R.1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2).R13-10-109. Revocation or Suspension of Permits; AppealsA. The Department may suspend or revoke a permit for any of thefollowing reasons:1. A false statement on the permit holder’s application,2. The neglect or refusal to examine and report the results ofsample specimens given the Analyst

“Preliminary breath test” means a pre-arrest breath test. 18. “Preliminary breath tester” or “PBT” means any approved device used prior to an arrest for the purpose of . Conforming Products List of Evidential Breath Measure-ment Devices as incorporated by reference in R13-10-103(F). 19. “Procedure” means a series of operations .